Restraining Order Extended on Benton County Data Center Ordinance
A temporary restraining order preventing Benton County's 12-month data center moratorium has been extended for two weeks. NSI 6, which plans to build a data center, argues the ordinance is illegal because the county lacks a zoning plan and is selectively prohibiting land use. Both parties presented arguments in court, and the judge granted an additional 15 days for the restraining order to remain in place.
A temporary restraining order preventing Benton County's 12-month moratorium on data center construction has been extended for an additional 15 days by Senior Judge Jacqueline Cook. The order prohibits the Benton County Commission from enforcing the ordinance, which was passed in August.
The ordinance was enacted after Springfield-based NSI 6 purchased a 12-acre lot at the northeast corner of U.S. Route 65 and Dam Access Road with the intention of constructing a data center. NSI 6 has petitioned the court, arguing that Benton County lacks a comprehensive county zoning plan and that the ordinance "selectively prohibits a defined category of land use and development throughout unincorporated Benton County."
Both the commission and NSI 6 presented their arguments at a show cause hearing in Warsaw. Judge Cook has given both parties until 4 p.m. Friday to file any post-hearing motions or proposed orders, ensuring the restraining order remains active during this period.